Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Thomas H. Roberts Esq
2 Answers | Asked in Criminal Law for Virginia on
Q: Do I need a criminal lawyer for a trespassing charge?

I just got a summons to go to an arraignment for the 22nd of December. I sass caught leaving my girlfriends apartment for an emergency.

Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 15, 2014

You can jump into the ocean without a life jacket - but should you? Trespass is a Class 1 Misdemeanor with the potential of 12 months in jail and/or $2500 fine - do you jump in without a life jacket?

Disclaimer: This information contained in this answer is not intended and does not...
Read more »

View More Answers

2 Answers | Asked in Criminal Law for Virginia on
Q: How much time is someone looking at for taking indecent liberties with a child in a custodial or supervisory.
Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 14, 2014

Answer: 1-5 years in the penitentiary. But see below:

§ 18.2-370.1. Taking indecent liberties with child by person in custodial or supervisory relationship; penalties.

A. Any person 18 years of age or older who, except as provided in § 18.2-370, maintains a custodial or...
Read more »

View More Answers

1 Answer | Asked in Probate for Virginia on
Q: I am executor of my deceased mom and dad's will. Can I put their home up for sale before probating the will?
Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 13, 2014

NO.

If the home is actually part of the estate, then a person would need to actually qualify at the Clerk's office as the executor to have the authority to act on behalf of the estate. (If the real estate passes under the will, then at the time of death the real property passes to the...
Read more »

1 Answer | Asked in Family Law for Virginia on
Q: If father has more than 10 kids, is he still responsible to pay child support for each child?
Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 13, 2014

Although it may come as a surprise to some the law recognizes ongoing duties in a civilized society that follows from an effortless two minute engagement - child support, and and no there is no prize of reckless abandonment free from that responsibilities to one who might engage in more... Read more »

1 Answer | Asked in Car Accidents for Virginia on
Q: I was struck by an 18 wheeler in a "no truck" zone who is at fault

A 18 wheeler left there lane in a no truck zone and did damage to my pick up truck down the whole bed of my truck, as I was passing it in the left lane on a double lane road in a traffic circle

Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 13, 2014

If the truck improperly left its lane of traffic striking another vehicle, then the driver of the vehicle will be "at fault" or negligent. The violation of a "no truck" zone will not be a factor in determining whose at fault unless the violation was causally related to the damage. If the driver... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: Is a court order required to remove part of my back fence (wooden/no gate) codes and compliance remove my belongings

I was never given notice (except by my landlord that she had received a letter). I came home to a corrections officer and local inmates removing my property from the back yard. They had already removed everything from the front (kids toys, wagon etc) to a trash pile at the street. I have read the... Read more »

Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 11, 2014

The law is clear under both the Virginia and US Constitution that that no person shall be deprived of his life, liberty, or property without due process of law. (See Article 1, Section 11 of the Virginia Constitution). Due process requires prior notice and an opportunity to be heard.... Read more »

1 Answer | Asked in Probate for Virginia on
Q: If properyt is left to three children from deceased parents in a will, can two of the children have the will changed

and can they put the property in probate

Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 10, 2014

No, the will controls. After the testator (deceased parent) dies, the children may not re-write the will.

Disclaimer: This information contained in this answer is not intended and does not constitute legal advice and is not intended to be a substitute for legal counsel on any subject...
Read more »

1 Answer | Asked in Animal / Dog Law for Virginia on
Q: If my friend watched my dog for a while and i went to get her back but they would not give her to me, is that theft?

My lease recently ended at my old home so i had to move in with a family member for a while. I had 2 dogs and could only take one to my families home. So my friend offered to keep her till i can have her again. Well its been almost a month and i went to get her back but now they hid her at another... Read more »

Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 10, 2014

Unlike failure to return leased property which by statute is a crime (See § 18.2-118. Fraudulent conversion or removal of leased personal property), failing to return personal property (your dog) is a civil matter rather than a criminal matter. A detinue action in the general district court is... Read more »

1 Answer | Asked in Family Law for Virginia on
Q: My ex husband has been out of work for over a year now and im not getting any child support . Is there anything i can do

we dont have anything set up in court so far. we have done everything out of court as i have been working with him and was taking a low amount before he was laid off.

Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 10, 2014

Anytime the parents of children can work things out without the court, the children are generally better off. However, a parent may file a petition with the court for child support. Generally speaking the court will award child support in accordance with the statutory guidelines. In the case... Read more »

1 Answer | Asked in Family Law for Virginia on
Q: My daughter father and I have joint custody of my child and I want to have full custody. How do I go about this?
Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 10, 2014

A parent seeking to modify a prior court order must show (1) a material change of circumstances justifying the court modifying a prior order and (2) reasons to change the custody. The custody determination is made based upon factors set out by statute, determined by the "best interests of the... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: If I never had a lease signed by me or a landlord after 2 years, when I move out can they sue for damages?

I moved into a home of a friend but never had a lease. I lived there for 2 years. Finally after multiple times of not having water, of mold and mildew growth, of unfixed safety hazards, stalking by the friend, threats, sexual harassment, I moved out with consent of the landlord. now after a Month... Read more »

Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 10, 2014

Yes. The landlord is entitled to the agreed rent amount and if none then to the reasonable value of the rent to prevent an unjust enrichment to you, together with the amount of any damages caused by you. However, you may be able to offset that by the claims you may have against the landlord.... Read more »

1 Answer | Asked in Employment Law for Virginia on
Q: My employer never supplied me new hire paperwork or an I-9. However I was issued 3 paychecks. Is this illegal?

My employer requested a picture of my ID and social security card but I never signed or filled out any paperwork. We were on 1099 but I thought there should still be paperwork of some sort? Also I have no idea what my ID and social card were used for.

Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 10, 2014

All U.S. employers are required to examine and verify the eligibility of each employee to be lawfully employed in the United States, regardless of the immigration status of the employee. Failing to comply with Form I-9 requirements may result in fines with a minimum of $110 for each form and a... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: I have a 50 foot access with a gravel road used daily for 50 years for ingress & egress. Can it be terminated?

The landowner's house (&12 acres) is next to this 50 foot access strip that she also uses for her drive. She does not want us grading and graveling the driveway which would be done well past her turn off drive to her home.

Therefore, the current drive we use is turning to dirt and potholes... Read more »

Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 10, 2014

To have a claim of right to this drive, you would have to show by clear and convincing evidence that for 20 years the road was used under a claim of right adverse to the woman and her predecessors in interest. Since she purchased in 1986, its possible that by directing that nobody grade or grave... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: When purchasing a home, is the deposit check actually cashed before closing on the property as it is held in escrow?
Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 10, 2014

Yes the deposit check is cashed and the money from that check is held in escrow until closing. If the closing agent merely held the deposit check, all but the drafter of the check would be unhappy if the check was then deposited and bounced at closing.

Disclaimer: This information...
Read more »

1 Answer | Asked in Juvenile Law for Virginia on
Q: I'm 17 and live in Virginia. I need to get out of this house ASAP but I know my mother won't give consent. help?
Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 10, 2014

There are two methods of obtaining emancipation without a parents consent by statute: get married or join the military. Neither of these methods is wise if the sole reason is to simply get out of the house!

§ 16.1-333. Findings necessary to order that minor is emancipated

The...
Read more »

1 Answer | Asked in Business Law for Virginia on
Q: Can a LLC in a different state buy real estate in the State of Virginia without registering with the State of Virginia
Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 10, 2014

The answer is governed by statute. In pertinent part, § 13.1-1059, entitled Transactions not constituting doing business, reads as follows:.

A. The following activities of a foreign limited liability company, among others, do not constitute transacting business within the meaning of this...
Read more »

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I received a court date for dec 17th for 4 $1 toll fees I received for vioations in easypass lane they now say I owe

$1104 dollars. can I fight this

Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 10, 2014

You should hire an attorney ASAP to negotiate a deal. The relevant law is § 46.2-819.3 which reads in pertinent part as follows:

A. The toll facility operator may impose and collect an administrative fee in addition to the unpaid toll so as to recover the expenses of collecting the...
Read more »

View More Answers

1 Answer | Asked in Child Custody for Virginia on
Q: How old do you have to be to decide which parent you live with for custody?
Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 10, 2014

18, but then you won't be in either parent's custody. If parents cannot agree on custody where marital discord has resulted in a broken home, either parent can petition the court to determine the custody and visitation of the child. The court may consider the desire of the child in making its... Read more »

1 Answer | Asked in Sexual Harassment for Virginia on
Q: Can you please tell me what sexual battery is? Code 18.2-677.4
Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 10, 2014

First - § 18.2-517 is the end of Title 18.2.

§ 18.2-67.4 defines sexual battery. It is sexual abuse as defined by statute under conditions also described by statute. It reads as follows.

§ 18.2-67.4. Sexual battery

A. An accused is guilty of sexual battery if he...
Read more »

1 Answer | Asked in Family Law for Virginia on
Q: Want to leave unhealthy relationship. We Co own a home. He refuses to sell and can't buy me out. What can I do?
Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 10, 2014

You question refers to an "unhealthy relationship" rather than a marriage. Assuming that it is not a marriage where divorce and equitable distribution is available, you should try to work something out with the 50% owner. However, if you can't work it out, you may petition the court to sell the... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.